30 January 2024 – The judgement of the Western Cape High Court, delivered by Acting Judge Cockrell on 26 January 2024, dismissed the Humane Society’s application to review and set aside the Minister of Forestry, Fisheries and the Environment, Barbara Creecy’s decision on hunting and export quotas for elephant, black rhinoceros, and leopard for 2022. The Court held that the case had become moot, as the calendar year in question had passed, rendering the original declaratory relief sought by the Humane Society without practical effect.
The application for expanded relief to restrain the Minister from issuing quotas for trophy hunting or export of threatened or protected species without due regard to animal welfare was denied due to the vague and imprecise terms pleaded by the Humane Society. The Court also rejected an apparent last-minute attempt by the Humane Society to seek final relief against the Minister in respect to all hunting quotas for all species under TOPS regulations.
WRSA, as a member of the Sustainable Use Coalition of Southern Africa (SUCo-SA), has noted the judgement and is engaging with its legal representatives regarding potential impacts on the industry and already planned cases. WRSA is exploring litigation to compel the Minister to comply with her statutory obligations concerning annual quota publication, as persistent failures by the Minister and her department to properly manage hunting quotas have become untenable for the industry. This presents a complex legal issue.
We recognise that similar attempts to challenge future quotas may arise from the Humane Society or similar organisations. Nevertheless, we believe that this judgement offers strong legal grounds for intervening in disruptive applications, ensuring expeditious resolution of legal issues before the courts.
We do welcome the judgment of Acting Judge Cockrell, as it has furnished grounds to intervene which was heretofore unattainable.
Click here to download the Judgement of the court 26 January 2024, or read below:
JUDGMENT HUMANE SOCIETY V MIN OF FORESTRY FISHERIES DATED 26 JANUARY 2024
